Originally Posted by
Progressive
You have fallen foul of the common problem of reading a reg in isolation - greater definition of classification of operations is provided in CAR 2 (7)(D), where you will see that which specifically states "(a) an aircraft that is flying or operating for a commercial purpose referred to in paragraph 206(1)(a) shall be taken to be employed in aerial work operations;" From the definitions commercial operations means civil air operations other than private operations.
Going back to CAR 2(7)(D) private operations are classified as an aircraft that is flying or operating for the purpose of, or in the course of:
(i) the personal transportation of the owner of the aircraft;
(ii) aerial spotting where no remuneration is received by the pilot or the owner of the aircraft or by any person or organisation on whose behalf the spotting is conducted;
(iii) agricultural operations on land owned and occupied by the owner of the aircraft;
(iv) aerial photography where no remuneration is received by the pilot or the owner of the aircraft or by any person or organisation on whose behalf the photography is conducted;
(v) the carriage of persons or the carriage of goods without a charge for the carriage being made other than the carriage, for the purposes of trade, of goods being the property of the pilot, the owner or the hirer of the aircraft;
(va) the carriage of persons in accordance with subregulation (7A);
(vi) the carriage of goods otherwise than for the purposes of trade;
(vii) flight training, other than the following:
(A) Part 141 flight training (within the meaning of regulation 141.015 of CASR);
(B) Part 142 flight training (within the meaning of regulation 142.015 of CASR);
(C) balloon flying training (within the meaning of subregulation 5.01(1)) for the grant of a balloon flight crew licence or rating; or
(viii) any other activity of a kind substantially similar to any of those specified in subparagraphs (i) to (vi) (inclusive);
shall be taken to be employed in private operations
Thus a flight can be conducted for the purposes of aerial photography as long as no remuneration is earned by the pilot etc.
Subreg 7A contains the requirements for passenger carrying private flight flights and limits passenger numbers to 6 and requires cost sharing - just for kicks there is NO provision for carrying pax WITHOUT cost sharing - except (viii) where this could be taken to be similar to (va).
Progressive
You have fallen foul of the common problem of reading reg 2(7A) as a “requirement” and failing to read all the way to the end of reg 2(7)(d).
Reg 2(7A) is just a definition of just one set of circumstances deemed to be private. And when you read all the way to the end of reg 2(7)(d) you will find that all activities “
of a kind substantially similar to any of those specified in” earlier provisions reg 2(7)(d) are also deemed private.
Read that twice, Progressive: “of a kind substantially similar to any of those”.
I assume you are one - perhaps the only - remaining source of the persistent folklore that there is a six POB limit on private operations, as a consequence of reg 2(7A)? You should get a job in CASA.
Squawk: My presumptive approach to anything said by anyone from CASA is that they are wrong. It’s proved to be a sensible presumption.